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Flashcards in Definitions and Points to Prove Deck (204)
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1

What is the legislation/ offence for engaging in controlling/ coercive behaviour in an intimate/ family relationship? - domestic abuse

Section 76 (1) and (11) Serious Crime Act 2015

2

What is the definition of engaging in controlling/ coercive behavior in an intimate/ family relationship?

Section 76 (1) and (11) Serious Crime Act 2015

(1) A person (A) commits an offence if -
(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive.
(b) At the time of the behaviour, A and B are personally connected,
(c) The behaviour has a serious effect on B, and
(d) A knows or ought to know that the behaviour will have a serious effect on B.

3

What are the points to prove for engaging in controlling/ coercive behavior in an intimate/ family relationship?

Section 76 (1) and (11) Serious Crime Act 2015

-Date and location
-Repeatedly/ continuously engaged in controlling/ coercive behaviour
-Towards person to whom they were personally connected
-The behaviour having a serious effect on the victim
-Knew/ ought to know the behaviour would have a serious effect.

4

What is the legislation/ offence for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

Section 89 (1) Police Act 1996 - assault a constable

Section 89 (2) Police Act 1996 - resist/ obstruct constable

5

What is the definition for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

Section 89 (1) Police Act 1996 - assault a constable
-Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

Section 89 (2) Police Act 1996 - resist/ obstruct constable
-Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty shall be guilty of an offence.

6

What are the points to prove for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

S 89 (1) - Assault
-Date and location
-Assaulted
-A constable or person assisting a constable
-In the execution of his duty

S 89 (2) - Obstruct
-Date and location
-Resisted/ wilfully obstructed
-A constable or person assisting a constable
-In the execution of his duty

7

What is the legislation/ offence for common assault and battery?

Section 39 Criminal Justice Act 1988

8

What is the definition for common assault and battery?

Section 39 Criminal Justice Act 1988

Common assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence.

Assault by beating/ battery is any intentional or reckless application of unlawful force to a person.

9

What are the points to prove for common assault and battery?

Section 39 Criminal Justice Act 1988

Assault
-Date and location
-Unlawfully assaulted
-Another person

Battery
-Date and location
-Unlawfully assaulted
-Another person
-By application of unlawful force

10

What is the legislation/ offence for common assault and battery of an emergency service worker?

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

11

What is the definition for common assault and battery of an emergency service worker?

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

Common Assault is any intentional or reckless act which causes an emergency service worker to apprehend immediate unlawful force or personal violence.

Assault by beating/ battery is any intentional or reckless application of unlawful force to an emergency service worker.

12

What are the points to prove for common assault and battery of an emergency service worker?

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

Assault
-Date and location
-Unlawfully assaulted
-An emergency service worker
-Who was acting in the exercise of his/ her functions as such a worker

Battery of an emergency service worker
-Date and location
-Unlawfully assaulted
-An emergency worker
-Who was acting in the exercise of his/ her functions as such a worker
-By beating him/ her

13

What is the legislation/ offence for assault occasioning actual bodily harm?

Section 47 Offences Against a Persons Act 1861

14

What is the definition for assault occasioning actual bodily harm?

Section 47 Offences Against a Persons Act 1861

Whoever shall be convicted of any assault occasioning actual bodily harm shall be guilty of an offence.

15

What are the points to prove for assault occasioning actual bodily harm?

Section 47 Offences Against a Persons Act 1861

-Date and location
-Unlawfully assaulted another person
-Thereby occasioning
-Actual bodily harm

16

What is the legislation/ offence for wounding/ inflicting grievous bodily harm? (no intent)

Section 20 Offences Against a Persons Act 1861

17

What is the definition for wounding/ inflicting grievous bodily harm? (no intent)

Section 20 Offences Against a Persons Act 1861

Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument shall be guilty of an offence.

18

What are the points to prove for wounding/ inflicting grievous bodily harm? (no intent)

Section 20 Offences Against a Persons Act 1861

-Date and location
-Unlawfully and maliciously
-Wounded or inflicted grievous bodily harm
-Upon another person

19

What is the legislation/ offence for wounding/ inflicting grievous bodily harm? (with intent)

Section 18 Offences Against a Persons Act 1861

20

What is the definition for wounding/ inflicting grievous bodily harm? (with intent)

Section 18 Offences Against a Persons Act 1861

Whoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer or any person, shall be guilty of an offence.

21

What are the points to prove for wounding/ inflicting grievous bodily harm? (with intent)

Section 18 Offences Against a Persons Act 1861

-Date and location
-Unlawfully and maliciously
-Caused grievous bodily harm or wounded
-A person
-With intent
-To do grievous bodily harm or resist/ prevent the lawful apprehension or detention of self/ another person

22

What is the legislation/ offence for criminal damage?

Section 1 (1) Criminal Damage Act 1971

23

What is the definition for criminal damage?

Section 1 (1) Criminal Damage Act 1971

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

24

What are the points to prove for criminal damage?

Section 1 (1) Criminal Damage Act 1971

-Date and location
-Without lawful excuse
-Destroyed/ damaged such property of value
-Intending to destroy/ damage such property or being reckless whether it was destroyed/ damaged.

25

What is the legislation/ offence to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

Section 1 (1) and (3) Computer Misuse Act 1990

26

What is the definition to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

Section 1 (1) and (3) Computer Misuse Act 1990

It is an offense to cause a computer to perform a function with intent to secure unauthorised access to a program or data held in a computer or to enable any such access to be secured.

27

What are the points to prove to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

Section 1 (1) and (3) Computer Misuse Act 1990

-Date and location
-Caused a computer to perform a function
-With intent to secure unauthorised access to
-A program/ data held in the computer or to enable any such access to be secured.

28

What is the legislation/ offence to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

Section 3 (1) and (6) Investigatory Powers Act 2016

29

What is the definition to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

Section 3 (1) and (6) Investigatory Powers Act 2016

It is an offence for a person intentionally and without lawful authority to intercept, within the UK, a communication in the course of its transmission by means of a public telecommunication system, private telecommunication system or public postal service.

30

What are the points to prove to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

Section 3 (1) and (6) Investigatory Powers Act 2016

-Date and location
-Intentionally
-Without lawful authority
-Intercepted
-A communication
-In the course of transmission
-By means of a public telecommunication system/ private telecommunication system/ public postal service.